James Cheetham

3

Pauline Kuhner on 13th July 2022

FROM: Calendar of the Crown Prisoners confined in His Majesty's Gaol, The Castle of Lancaster, on Wednesday Twenty-seventh Day of August 1817 (Trove). Committed by the Rev Samuel Hall, 20th June 1817, charged with having stolen at Windle, seven sheep and one lamb the property of Joseph Cooke. Lists persons; (47) Leonard Cheetham aged 23, (48) James Cheetham aged 21, (49) Thomas Cheetham aged 18 years and (50) Henry Cheetham aged 25. (47) & (48) Death, both reprieved. (49) & (50) both acquitted.

342

Maureen Withey on 1st January 2021

Colonial Secretary’s Office, Sydney, 11th February, 1834. TICKETS OF LEAVE CANCELLED. THE Tickets-of-Leave granted to the following persons have been cancelled for the reasons set against their respective names, viz. Isabella [1], James Cheetham harbouring an assigned servant unlawfully absent at night. NSW Govt Gazette, 12 Mar 1834.

342

Maureen Withey on 7th April 2020

Shooting with Intent.—On the 9th March, Charles Friend, a respectable-looking young man, was brought before the Court, Dubbo (says the Dispatch), by senior-constable Cooper, on a charge of shooting with intent to kill Leonard C. Cheetham, at Bungeabong, Marthaguy Creek, on Wednesday, March 3. The evidence of three witnesses was taken, among whom were the father and sister-in-law of the accused. The circumstances are somewhat of a painful nature, and may be briefly summarised as follows:—Mr. James Cheetham is an elderly gentleman, residing as a squatter at Bungeabong, Marthaguy Creek. About twenty-five years ago he married the accused's mother, by whom he had a son, Leonard ; Leonard and the accused lived on their father's station, got married, and have each a wife and family; the two sons appear to have grown up on good terms with each other, but both during the last year or two became addicted to intoxicating liquors, the accused having been treated several times professionally for delirium and temporary fits of insanity. The evidence of Mrs. Cheetham, jun., a very intelligent lady, will explain the actual offence against the prisoner :—" Mr. Friend, the accused, had a revolver, and he asked my husband for it about noon on Wednesday, March 3. My husband replied, ' I haven't got it; your mother has got it;' Mr. Friend then said, ‘Go and fetch it;' I then said, ' Mr. Friend, go yourself for it;' he was somewhat excited, so I added, 'Go home like a good man, and do not make any noise here.' He was then standing about thirty yards outside from my house door; he had a gun or carbine in his hand; I was standing near the door, my husband being about three yards on one side of me; when I said to Mr. Friend, 'do not make any noise here,' he levelled his carbine in the direction of myself and husband, and fired ; I put my head back as he fired, and then went inside; the bullet struck and lodged in the board of the doorway ; had I not moved my head, I believe the ball would have gone through my ear; after firing, Mr. Friend said, ' I didn't mean it for you, but for him,' meaning my husband; my husband and myself both went into the house, leaving the prisoner where he still stood, in the act of again loading the carbine, but he was prevented by two men on the station, named James and Brooks, who seized Mr. Friend and kept him in custody all that day and night, till he was handed over to the custody of the police next day; as soon as these men secured Mr. Friend, I went out and picked up the carbine, and also a sword bayonet, two bullets, a pouch and belt, which Mr. Friend had let fall when secured; the sword bayonet produced is the same, but not the rifle; it was a shorter gun, called a carbine, with which Mr. Friend shot at us. Cross-examined: When my husband came out he had a gun in his hand—that was before the prisoner fired; the origin of the dispute was about a revolver."—Brookes deposed that when he went to secure the prisoner he brandished a sword bayonet, and told him to " stand off," but Jones coming up they grappled with and disarmed him ; that he was much excited and smelt of drink—looked mad ; but in about two hours after he calmed down and spoke reasonably to his mother, wife, and children. The case was remanded for the evidence of other witnesses. Bail refused. The Manara Mercury 26 Mar 1869.

342

Maureen Withey on 7th April 2020

NSW 1828 Census At Bathurst, Antonys Creek. 29 Oct 1828. Household of James Cheatham: James Cheatham, age 28, G.S. to his wife, per ship Isabella 1818, sentence Life, Employed as Farmer, catholic. Elizabeth Cheatham, age 32, F.S. per Maria 1818, sentence 7 years, catholic. Mary Turley, age 9 B.C. William Harrison, age 28, F.S. per Shipley 1817, 7 years, employed as labourer, protestant. Leonard Cheatham, 32, T.L. Tottenham 1818, Life , Labourer, catholic. James Thompson, age 28 , T.L. Isabella, 1818, Life, Labourer, protestant Christopher Mahon, age 40 F. by S. Guildford 1816, 7 years, catholic. Mathew McDonald, age 30, T.L. Earl St Vincent, 1819, Life, employed as butcher. Catholic. ------------------------------------------------ This shows James Cheetham and his wife Elizabeth ( per Maria), who is free, and James is her assigned convict. Also in the household is his brother Leonard Cheetham, and a child Mary (surname not clear- possibly Turley) aged 9 , no relationship listed. -------------------------------------------------- Four brothers, named Henry, James, and Thomas, and Leonard Cheetham, were last week committed to Lancaster Castle, on charge of sheep-stealing, in the neighbourhood of Wigan. Public Ledger and Daily Advertiser, 5 July 1817. Lancaster Assizes. Leonard Cheetham, James Cheetham, Thomas Cheetham, and Henry Cheetham, stealing sheep, at Windle. 23 Aug 1817. -------------------------------------------------- Leonard was transported on Tottenham 1818, but I have not located either Henry or Thomas Cheetham, the other two brothers. Colonial Secretarys Index. CHEETHAM, Elizabeth. Of Bathurst 1824 Oct - On list of persons receiving an assigned convict (Fiche 3290; 4/4570D p.26) -------------------------------------------------- CHEETHAM, James. Per "Isabella", 1818 1818 Sep 22 - On list of convicts disembarked from the "Glory" and "Isabella" and forwarded to Bringelly for distribution (Reel 6006; 4/3499 p.59) 1824 Oct - On list of prisoners assigned (Fiche 3290; 4/4570D p.26) -------------------------------------------------- Another conviction, for illicitly retailing spirits, took place last week by the district court. The prisoner, James Cheetham, well known, to travellers on the Mountain road as the proprietor of a house for the entertainment of wayfarers, at Antony's Creek, was only a ticket-of-leave holder, and thereby came under the most rigorous application of the Act of Council, which declares the indulgence he has held for many years forfeited, and has entailed removal to a penal settlement for four years. Sydney Gazette, 25 Feb 1832. __________________________________________________ Public Notice. THE undermentioned persons have obtained tickets-of-leave during the last week, viz. :— BATHURST : Cheetham Leonard, Tottenham. The Gleaner, 22 Sep 1827. CONDITIONAL PARDONS. Dated 19 h May, 1836. Cheetham, Leonard, Tottenham . Sydney Gazette, 20 May 1837. -------------------------------------------------- The relationship between James and Elizabeth deteriorated... CAUTION. I HEREBY CAUTION the Public against giving Credit to my Wife, ELIZABETH CHEETHAM, or to any other Person than my Brother, LEONARD CHEETHAM, who is alone empowered to contract or pay Debts on my account ; as I will not hold myself responsible for any Debts so contracted, after this Notice. JAMES CHEETHAM. Bathurst Road. February 19, 1834 Sydney Herald 24 Mar 1834. ------------------------------------------------- CAUTION. WHEREAS LEONARD CHEETHAM, the holder of a Ticket-of-Leave, and the brother of my husband JAMES CHEETHAM (a prisoner of the Crown, at present serving in an ironed gang) under the pretence of some written authority from my husband, has made some attempt to gain possession 'of my property; - I hereby Caution every Person from branding or purchasing any Cattle belonging to me, or from receiving any Money, Gcods, or Chattels, my Property, from the said Leonard Cheetham, as he has been forbid by me to transact any business in my name, and will be prosecuted by me, if he dispose of my Cattle, or any other portion of my Property. ELIZABETH CHEETHAM. Antonie's Creek, Bathurst-road. Sydney Gazette, 23 Aug 1834. -------------------------------------------------- James Cheetham gave evidence in a trial in 1838 and this is the introduction to his testimony: James Cheetham— I hold a ticket-of-leave for the district of the Vale of Clwyd : I am overseer to my brother who is free ; he lives near the stockade and keeps a shop of general goods : he had a wholesale store of spirits : ….. The Australian, 14 Aug 1838. -------------------------------------------------- Supreme court. TUESDAY —Before His Honor the Chief Justice. James Cheatham and Leonard Cheatham were indicted for stealing a bullock, the properly of one Furney, at Hartley, on the 1st of January last. It appeared that the prisoners, who are brothers, carried on the business of small dealers at Hassan's Walls. Sergeant Sneed of the Mounted Police detected them in the act or slaughtering the animal. The removal of the brand from the hide exciting suspicion, he interrogated them as to the way in which they became possessed of it, and as they told different stories about it they were taken into custody — Acquitted. The Australian, 12 Nov 1840. Supreme Court. CRIMINAL SESSIONS, TUESDAY. Before His Honor the Chief Justice. James Cheetham and Leonard Cheetham were indicted for stealing a bullock, at Hartley, near Hassan's Walls, on the lst January, 1840. The prisoners pleaded not guilty. Messrs. Windeyer and Purifoy appeared for the prisoners. The Attorney General opened the case, and called : William Robson, constable, deposed, he knew the prisoners; in January last he saw the two prisoners skinning a bullock in a hut at the back of their house, which was used as a slaughter house; prisoner's were shopkeepers; in consequence of information he had received, witness went in and asked the prisoners what brand was on the bullock; Leonard said it was one of the Peel's bullocks ; the other prisoner said, no, it is not, it is one of the Farney's ; witness then asked them for the brand, and they cut it out and gave it to him, it was an F brand; prisoner's did not say where they got it from, but said that it was one of Farney's before he got into trouble; Serjeant Shade came in and looked at it whilst witness was there - witness saw Farney a few days afterwards at the Police Office, and told him what he (witness) saw ; it was not the usual place for skinning; the prisoner's had always skinned in the stock-yard before that time. Cross-examined by Mr. Purifoy - There was no broad arrow on the hide ; could not say how many cattle Farney had before he got into trouble. The Mounted Police station is about one hundred yards from prisoner's house, and a shot must be heard from one to the other; there was a beam in the hut strong enough to hold a bullock ; the weather seemed to threaten for rain; one side of the prisoner's stock-yard formed the fence of the road; they could not conveniently have killed the bullock in the stock-yard without turning out the other cattle. James Farney deposed, that he is free now; but was a ticket-of-leave holder at the time of the indictment; he lost his ticket in August twelve months, and got it back again about Christmas last; before he lost his ticket he had about two hundred head of cattle, some of which were confiscated to the Crown, and the others were running about the country; about three years ago, he sold the prisoner's three head of cattle, two cows and a bullock; the bullock was a red and white one; prisoner's bought them for slaughter; Robson told witness about the bullock he saw at Cheetham's, and in consequence witness went down to the prisoners' house and spoke to them about it, and asked them if they had killed one of his (witness) bullocks; they denied it, and James Cheetham said that he (witness) had turned out a great rogue in his old days; witness then replied “rogue here or rogue there, you shan't rogue me out of my bullock;" the prisoners then wanted to make it up; and offered witness five pounds to say nothing about it they then took him to the stock-yard, and offered to let him pick two cows; in passing through the slaughter house, he saw the four feet of his bullocks; he knew the feet, because when the beast was a calf, he left the leg rope off its mother, and she squeezed the hoof off the calf. Several other witnesses then corroborated the above statement. Messrs. Windeyer and Purifoy addressed the jury at some length for the prisoners. The Jury returned a verdict of not guilty. Sydney Monitor, 12 Nov 1840.

174

Iris Dunne on 9th March 2018

Trial: 27 August 1817 Prison Hulk ship Leviathan: aged 21, Offence: Sheep Stealing, Received from Lancaster 19 January 1818 TOL No. 28/508 dated 26 December 1828 TOL No. 32/604 dated 10 July 1832 TOL No. 36/144 dated 1 Feb 1836, District: Bathurst, in lieu of No. 32/504 Cancelled TOL Passport No.42/14 dated 31 January 1842 (TOL 36/144), Allowed to proceed to Bligh and Liverpool Pains in the service of Mr E___ Rouse for 12 Months TOL Passport No.42/617 dated 8 June 1842 (TOL 36/144), Allowed to travel between the Castlereagh and Sydney in the service of Mr John Merrett for 12 months TOL Passport No.44/770 dated 8 November 1844 (TOL36/144), Allowed to travel between Mudgee, Bligh and Paramatta in the service of W Leonard Ch____? for twelve months Conditional Pardon No.47/237

8

Phillip Hart on 8th March 2018

10 Apr 1847 - Conditional Pardon